Acting chief: Thomas struggled with officers

Fullerton commuters explore the memorial set up for Kelly Thomas near the transportation depot in Fullerton early Friday morning. KEN STEINHARDT, THE ORANGE COUNTY REGISTER

FULLERTON – On his second day on the job, the new acting police chief said he had seen a key surveillance video that shows Kelly Thomas got into a "significant" struggle with officers the night they suspected the mentally ill man of burglarizing cars.

Capt. Kevin Hamilton, put in charge immediately after Chief Michael Sellers went on medical leave, said he couldn't go into specifics of what is depicted on the video of the July 5 incident that led to Thomas' death five days later.

"To get into a characterization of the video too much would certainly be disclosing evidence," Hamilton said. "What I can tell you is that there was certainly a significant amount of struggle between Mr. Thomas and the officers."

Thursday's comments by Hamilton are the most detailed from the department on the video. While Sellers had been criticized by residents and two council members for not taking a public role in the wake of the incident that has become a national story, Hamilton said he will be visible.

"As acting chief in the city of Fullerton, I will be out in front of this situation," he said.

The acting chief said his department has done a solid job in passing along information on the case.

"Every bit of evidence that is relevant in this case has been forwarded to the Orange County D.A.'s Office," Hamilton said. "I can assure you this, and at some point in time the D.A.'s Office will tell you the same: That the Fullerton P.D. has done an excellent job of preserving the evidence and forwarded it to the D.A.'s Office without any cover-up whatsoever."

If the six officers involved in the incident, now on administrative leave, are found culpable in any criminal case or guilty of violating departmental policies, they will be held accountable, Hamilton said.

"They are not exempt," said the acting chief, adding that he also will defend the officers' rights to due process.

On Thursday, it surfaced that the parents of Thomas have filed a claim against the city of Fullerton and the Fullerton Police Department, a precursor to an expected lawsuit seeking damages for the death of their son.

The city and the Police Department have 45 days to respond to the claim, which alleges violation of civil rights, unlawful customs and practices, conspiracy, and negligence.

"It was time," Ron Thomas, Kelly's father, said in an interview. "I've waited long enough. This wasn't my main priority, by any means. The criminal case is the main priority."

So far, no criminal charges have been filed against the officers.

"Claimants have been and will forever be deprived of the love, affection, society, companionship, support and pecuniary benefits of decedent Kelly Thomas," the claim says.

No dollar amount for damages is cited in the two-page claim, which the city received Wednesday.

Fullerton commuters explore the memorial set up for Kelly Thomas near the transportation depot in Fullerton early Friday morning. KEN STEINHARDT, THE ORANGE COUNTY REGISTER
In anticipation of the City Council's special meeting, a television news crew broadcasts live Friday morning outside the Fullerton police headquarters. KEN STEINHARDT, THE ORANGE COUNTY REGISTER
Fullerton police Capt. Kevin Hamilton has been named acting police chief after Chief Michael Sellers was placed on medical leave. SAM GANGWER, THE ORANGE COUNTY REGISTER
An undated photo shows Kelly Thomas, a local transient. Thomas, 37, was taken off of life support and died five days after a July 5 struggle with Fullerton Police officers. COURTESY OF RON THOMAS
Cathy Thomas puts a candle blown over in the wind upright at the memorial that supporters have created near the spot where her son Kelly Thomas and Fullerton police officers had their altercation. Kelly Thomas died at UCI Medical Center in Orange, five days after being involved in the physical confrontation with police. BRUCE CHAMBERS, THE ORANGE COUNTY REGISTER
Captain Kevin Hamilton is serving as acting chief of the Fullerton Police Department. COURTESY OF THE CITY OF FULLERTON
Michael Gennaco, chief attorney for Office of Independent Review, which investigates allegations of officer misconduct and monitors the Los Angeles County Sheriff's Department, in a file photo. Here, he holds a 2006 news conference to give his assessment of the investigation into the Mel Gibson case. Gibson had been recently arrested for drunk driving. RIC FRANCIS, ASSOCIATED PRESS
Fullerton Police Chief Michael Sellers listens as the public lashes out at him and the City Council for the death of Kelly Thomas. LEONARD ORTIZ, THE ORANGE COUNTY REGISTER
Fullerton police captain Kevin Hamilton has been named acting police chief after Chief Michael Sellers was placed on medical leave. SAM GANGWER, THE ORANGE COUNTY REGISTER
Fullerton police captain Kevin Hamilton has been named acting police chief after Chief Michael Sellers was placed on medical leave. SAM GANGWER, THE ORANGE COUNTY REGISTER
Cathy Thomas stands a distance away from the memorial that supporters have created near the spot where her son Kelly Thomas and Fullerton police officers had their altercation. Kelly Thomas died at UCI Medical Center in Orange, five days after being involved in the physical confrontation with police. BRUCE CHAMBERS, THE ORANGE COUNTY REGISTER

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